High Court dismisses judicial review claim concerning child’s continuing care services (R (on the appl of RBKC) v NHS NW London ICB)

Article summary

Local Government analysis: The High Court dismissed a claim for judicial review brought by the Royal Borough of Kensington and Chelsea (RBKC) in connection with NHS North West London Integrated Care Board’s (ICB) decision not to contribute towards the cost of a child’s placement in a specialist children’s home. In making the decision, the High Court dismissed the seven grounds brought by RBKC and opined that healthcare was not being provided by the ICB and their refusal to financially contribute towards the placement was not irrational nor unreasonable. This case provides a comprehensive overview of local authorities’ and integrated care boards’ statutory duties owed to children under the Children Act 1989 and to people under the National Health Service Act 2006 (NHSA 2006) and the relevant accompanying case law. In addition, this case also acts as a useful reminder of the Wednesbury unreasonableness test. Written by Nicola Wheater, associate...